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Canadian  Instituta  for  Historical  IMicroraproductiona  /  Institut  cana Jian  da  microraproductions  historiquas 


Technical  and  BJIographic  Notes  /  Notes  techniques  et  bibllographlques 


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Additional  comments  / 
Commentaires  suppl^mentaires: 


L'Institut  a  mk:rofllm«  le  meitleur  exemplaire  qu'il  iui  a 
«t6  possible  de  se  procurer.  Les  details  de  cet  exem- 
plaire qui  sont  peut-«tre  unkjues  du  point  de  vue  bibii- 
ographkiue.  qui  peuvent  modifier  une  image  reproduite. 
ou  qui  peuvent  exiger  une  nfK)difk»tk>n  dans  la  m«tho- 
de  normale  de  filmage  sont  indk^ute  ci-dessous. 

I     I  Cotoured  pages/ Pages  de  couleur 

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obtenir  la  meilleure  image  possible. 

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colorations  variables  ou  des  decolorations  sont 
film^s  deux  fois  afin  d'obtenir  la  meilleure  image 
possible. 


TMs  Ham  Is  fibnMl  at  tlw  r*duetion  ratio  dMCkMl  batow  / 

Ca  doeumant  aat  (Hin«  au  taux  da  rMuetion  Indiqu*  eMaaaoua. 


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Th«  copy  fllflMd  h«f«  haa  bmn  raproducad  th^ilu 
to  tlw  99n9»—ifi  «f'- 

Matioiuil  Library  of  Canada 

Tha  ima9M  appaarwg  hara  ara  tha  *r«  «i;«»«J' 
poMiMa  eooaidarinf  tha  condition  and  laflibiMiv 
of  tba  arifinal  ooov  an** '"  heaping  wiUi  tha 
filmtos  eontraat  apaaif  Jcaoona. 


Original  eopiaa  in  printad  papar  co^ara  flimad 

baainnina  with  iha  front  eowar  and  amUng  on 

S7  taa!  ^  with  a  printad  or  ill«.tratad  .mpraa- 
S?n.  or  tlTbaek  cowar  whan  appropnata.  AM 
otti  original  eopiaa  ara  filmad  baginmng  on  • 
SSTpS^iJihVprlnt^i  or  Hluatratad  Impraa- 
2S.?S  lining  in  tha  ft  paga  with  a  printad 
or  iUuauatad  Impraaaion. 


Tho  laat  racordad  frama  on  aach  «"««o«?J? 
•haU  contain  tha  •vmhol  — ^  ""•*"•;•  .SS"! 
T1NUCD").  or  tha  •ymtool  V  tmoaning    6NO  I. 
whtehawar  appliaa. 

Mapa.  plataa.  chart*,  ate.  may  ba  flimad  at 
SSSim  raduction  ratio..  Thoaa  «oo  larga  to  ba 
•ntiralv  includad  in  ona  anpoaura  ara  flimad 
ginning  in  tha  -PP-r  laft  hand  cornjr  laft  to 
right  and  top  to  bonom.  a*  •"•"^  .«'•""••  •• 
rMiuirad.  Tha  following  diagram,  illuatrata  tha 

mathod: 


L'«Mmptok«  tVitii*  fyt  r«»roduit  v^^  *  >• 

9«n4ro«it«  d«: 

Biblioth^qu*  national*  du  Canada 


Lm  imaga*  tuivama*  am  «t«  raproduitat  avac  la 
piMa  grand  tain,  eampta  tanu  da  la  canditien  at 
da  la  nanatd  da  I'aaamplaira  film*,  at  an 
eanfarmit*  &v99  laa  aanditiona  du  eanwat  da 


Us  wamplairaa  originaua  dam  la  eauvartura  w 
papiar  aat  imprimda  sont  filmas  i*  commandant 
par  la  pramiar  plat  at  an  tarminant  aoit  par  la 
darnidra  paga  oui  comporto  una  amprointa 
d'impraaaion  ou  d'iUuatration.  soit  par  la  Mcond 
plat  aalan  la  ea*.  Taua  laa  autraa  aaamplairaa 
originaua  aont  fUmda  an  commandant  par  la 
pramidro  paga  qui  eemporto  una  amprainta 
d'impraaaion  ou  dIHuauation  at  an  tormmant  par 
la  domidra  paga  qui  eomporto  uno  toUa 
amprainta. 

Un  daa  aymboloa  suivanta  apparaltra  aur  la 

darnidra  imaga  da  «»»^»^,!"'5;»Su'I5Jlf ''1 
caa:  la  aymboio  •^'  algnifla    A  SUIVRi  .  la 

•ymbolo  ▼  aignifio  "PIN ". 

Laa  canaa.  nlanehaa.  taOlaaua.  ate.  pauvant  itra 
filmda  d  daa  taua  da  rdduetion  diffdrantt. 
Loraoua  la  doeumant  aat  trap  grand  pour  dtra 
raoroduH  an  un  aaul  clichd.  il  aat  fllmd  *  partir 
da  I'angla  aupdriaur  gaucna.  da  gaucha  a  droita. 
at  do  haut  on  boa.  i*  pranant  la  nombra 
d'imagaa  ndeoaaoiro.  1^  diogrammaa  auivanu 
Uluatront  lo  mdthodo. 


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INTERNATIONAL  "JOINTS*' 
COMMISSION 


PROCEEDINGS 


PIUVATELY  PRINTBD 
X916 


Utf6Ul«82 


The  Native  Lady  who  was  behind  the  conspiracy  to 
wreck  the  Tootles 


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The  followmg  dispatches  to  the  Rainey 
River  Herald  are  presented  by  way  of  in- 
troduction to  the  Report  of  the  INTERNA- 
TIONAL "JOINTS"  COMMISSION  upon 
the  wreck  of  the  S.  S.  Tootles: 

RAINY  RIVER  HERALD 


SPECIAL  FROM  WARROAD 


September  ytb,  1915.  Much  interest  was 
shown  at  the  hearing  of  the  International  Joints 
Commission  begun  here  today.  Congressman 
Steenerson's  glowing  description  of  the  sand 
beaches  along  the  South  shore  of  the  Lake  of  the 
Woods  was  very  fine.  A  very  sharp  tilt  took 
place  between  Dr.  Parker  of  Warroad  and  Com- 
missioner Powell,  in  which  the  latter's  knowledge 
of  bugs  and  his  marvelous  arithmetical  rapidity 
in  computing  millions  of  bacterial  count  per 
centimetre  brought  great  confusion  to  the  doctor. 
The  Commission  will  conclude  tomorrow  and 
then  on  to  a  session  at  International  Falls. 

TELEGRAM  FROM  INTERNATIONAL  FALLS 

September  iitb,  1916.  The  Lake  of  the  Woods 
hearing  was  closed  here  this  morning.  The  Com- 
mission left  this  afternoon  accompanied  by  their 


43^3? 


International   "Joints"   Commission 


staff  and  a  large  company  of  lawyers  and  engin- 
eers. They  are  proceeding  down  the  river  on 
board  the  5.  5.  Tootles;  will  arrive  at  Rainy 
River  early  this  evening  and  take  steamer  to 
Kenora  tomorrow.  The  following  is  the  pas- 
senger list: 

G)mmissioners  Gardiner,  Tawney,  Magrath, 
Powell  and  Mignault. 

Secretaries  Burpee  and  Klutz. 

Engineers  White,  Meyer,  Stairs  and 

Stenographers  Reik  and  Johnson. 

Lawyers  Wyvell,  Rockwood,  Oimpbell  and 
Birkman. 

8  p.  m.  A  telegram  has  just  been  received 
that  the  Tootles  was  wrecked  at  7  p.  m.  at  Rocky 
Point  on  the  American  shore  just  above  Manitou 
Rapids — no  particulars  as  to  casualties. 

10  p.  m.  No  further  word  from  the  Tootles. 
Great  and  increasing  anxiety.  It  is  learned  from 
Emo  that  a  man  named  White,  one  of  the  sur- 
vivors, accompanied  by  an  Indian,  arrived  there 
by  canoe,  and  is  trying  to  secure  assistance  to 
remove  the  passengers  from  their  dangerous 
position  and  in  the  meantime  to  send  them  sup- 
plies. It  seems  that  the  Tootles  carried  no  grub 
or  other  refreshments.  White  has  given  a  very 
incoherent  and  excited  account  of  the  wrecL 
No  accurate  particulars  can  be  obtained. 


r' 


International  "Joints"  Commission 


Special  Fmm  Warroao 

Telegram  From  Internatk»ial  Falls 

Special  to  the  "Heraia"  Emo,  iimw  p.  m. 

It  is  beginning  to  rain  and  great  anxiety  is 
felt  here.  Some  of  the  passengers  are  old  and 
infirm. 

Special  From  Winnipeg,  Midnight 

News  of  the  total  loss  of  the  Tootles  with  all 
her  passengers  and  crew  was  received  here  some 
hours  ago.  It  has  caused  no  excitement.  The 
name  of  only  one  Winnipeg  man  appears  in  the 
list  of  passengers  and  he  is  quite  an  obscure  per- 
son. The  loss  of  the  G>mmission  is  not  regretted. 
We  have  several  men  ready  to  take  their 
places. 

Special  From  Emo,  a:oo  a.  m. 

It  is  ascertained  that  the  man  White  and  the 
Indian  were  accompanied  by  a  young  engineer 
named  Stairs.  This  gentleman  has  given  the 
first  intelligible  report  of  the  wreck  yet  given  out. 
It  would  now  appear  that  there  are  hopes  of 
saving  all  the  passengers. 

Special  From  Emo,  4:00  a.  m. 

The  whole  of  the  Tootles'  crew  and  passengers 
are  safe. 


International   "Joints"   Commission 

INTERNATIONAL^JOINTS" 
COMMISSION 


CANADA;  UNITED  STATES: 

Chief  N«-May.Pbck.  ^  Dr.  Ebenezer  Parker. 

Chainnan  Chairman 

"Bench-mark"  Kennedy       "Low-water"  Marachalk 
E.  Welcome  Backua  Zechaiiah  Zippel 


Report  of  Im-ESTicATioN  into  the  Alleged 
Conspiracy  in  Connection  wna  ^he  Wreck 
of  the  S.  S.  Tootles. 

The  invest^ation  was  opened  in  Hungry  Hall 
in  the  Town  ot  Rainy  River,  on  Friday,  the  31st 
day  of  September,  1915,  at  6:30  o'clock  A.  M., 
all  the  members  being  present.  Chief  Na-May- 
Pock  presiding.  Owing  to  adverse  conditions  of 
space  and  atmosphere,  the  meeting  was  adjourned 
to  a  convenient  meadow  on  the  banks  of  the 
Rainy  River.  At  the  courteous  request  of  Chief 
Na-May-Pock,  who  pleaded  an  insufficient  fam- 
iliarity with  the  idioms  of  the  English  language. 
Dr.  Ebenezer  Parker  took  the  Chair. 

The  Chairman:  Gentlemen,  it  gives  me 
peculiar  pleasure  to  preside  on  this  auspicious 
occasion.    No  one  could  be  more  exquisitely  alive 


Chief  Na.May.Pock,  Chairman  of  the  Commission 


( — ^■-iE.-.tja^-.:,^--^  r>    


International  "Joints"   Commission 


to  the  gravity  of  the  investigation  with  which  my 
honourable  colleagues  and  myself  have  been 
charged  by  our  respective  governments.  You 
are  all  aware  of  the  startling  calamity  of  the  early 
days  of  this  month,  which  resulted  in  the  wrecking 
on  the  banks  of  this  historic  stream  of  the  palatial 
steamer  Tootles.  Certain  aspects  of  that  dis- 
a8..-ous  circumstance,  however,  have  remained 
up  to  the  present  wrapped  in  impenetrable  mys- 
tery. It  is  the  object  of  this  investigation,  and 
the  solemn  duty  of  this  august  body  (ahemO  to 
tear  away  the  veil  of  obscurity  and  expose  the 
naked  details  of  the  tragedy. 

It  would  be  premature  to  suggest  the  lines 
which  this  enquiry  should  take,  or  the  variety 
of  interests  involved.  Let  it  be  sufficient  to 
point  out  that  the  question  is  an  international 
one,  and  that  no  bounds  may  therefore  be  placed 
upon  it.'  ramifications.  The  Commission  is  con- 
scious, supremely  conscious,  of  the  burden  of 
responsibility  resting  upon  its  collective  shoulders, 
and  determined  to  leave  no  stone  unturned  under 
which  may  be  hidden  a  clue  to  this  mysterious 
occurrence.  Whatever  the  mconvenience  to  it- 
self, whatever  the  cost  to  the  two  Governments, 
it  is  determined  to  sit  here  at  all  hazards  until 
every  knot  in  this  tangle  has  been  untied;  until 
every  germ  has  been  tracked  to  its  lair  in  the 
polluted  waters  of  the  Rainy  and  compelled  to 


Intbunational  -JoiNTi"  Commission 


give  up  hs  gttiky  teoet;  until  the  accumulated 
wngiit  of  mete(m>logicaI,  bacteridogical,  hydro- 
logical,  agronomical  and  piscatorial  data  hat 
beaten  down  the  defences  of  this  mmistrous  secret 
and  forced  it  to  an  unconditional  surrender. 

With  these  few  shnple  remarks.  I  will  ask  the 
Secretaries  to  read  the  official  Reference. 

The  Secretaries  thereupon  read  jointly  the 
following: 

Sirs:    I  have  the  h<niour  to  inform  you 
that  at  the  joint  request  of  the  Governments 
of  the  United  States  and  of  the  Dominion  of 
Canada,  under  the  provisions  of  Article  X 
of  the  Treaty  of  January  i  ith,  i<?c  :•,  between 
the  United  States  and  Great  Biitain,  and 
without  the  consent  of  any  body  or  bodey, 
the  questions  or  matters  of  difference  set  forth 
below  which  have  arisen  between  them  in- 
volving the  rights,  obligations,  or  interests 
of  each  in  relation  to  the  other,  or  to  the 
inhabitants   of  the  other,   along  a   minute 
portion  of  their  common  frontier,  are  hereby 
referred  to  the  International  "Joints"  Com- 
mission for  final  adjudication. 
The  questions  so  referred  are  as  follows: 
I.    What,  if  any,  were  the  causes  of  the 
wreck  of  the  Steamship  Tootles,  alleged  to 
have  occurred  early  in  the  month  of  Sep- 
tember, 1915,  on  a  sunken  reef  near  the  left 

8 


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IwrSKMATIONAL    *'JoiNTS*'    C  Jl 


or  Amerieui  bank  of  the  Rainy  River,  im- 
mediately above  the  ao^alled  Maaitou  Ra- 
pids. 

2,    If  it  n  found  that  there  it  or  waa  a 
•teamship  named  the  Tootks,  that  there  ii 
or  was  a  sunken  reef  near  the  left  or  Amer- 
ican bank  of  the  Rainy  River  immediately 
aI>ove  the  so<aIIed  Manitou  Rj4>ids,  and 
that  the  befwe-mentimwd  steamship  did  ac- 
tually become  wrecked,  foundered,  lost  or 
mislaid,  and  that  there  were  contributory 
or  other  causes  leading  up  to  w  accom- 
panying the  sakl  catastrophe,  who  are  the 
parties  reqwnsible  therefor,  and  in  what 
manner  and  to  what  extent  shaD  their  mis- 
deeds be  brought  home  to  them  and  suitably 
and  appropriately  recognized  unbtx  the  prin- 
cipals of  International  Law. 
The  Chairman:    You  have  heard  the  terms 
of  the  Reference,  and  you  will  I  am  sure  agree 
with  me  that  it  presents  one  of  the  most  important 
and  delicate  issues  ever  submitted  to  an  Interna- 
tional Judicial  Tribunal.    We  are  required  to  find 
and  identify  a  certain  steamship  named  the  Tootles, 
if  such  a  vessel  in  fact  exists.    We  are  also  charged 
with  the  duty  of  finding,  if  possible,  a  certain 
allcgwl  sunken  reef;  and  of  showing  the  connec- 
tion, if  any,  between  the  said  vessel  and  the  said 
reef.    We  must  ascertain  if  there  were  any,  and 


Intbknational  "JoiNTi"  Commission 

if  to  what,  cauaci  to  which  the  alleged  wreck 
might  be  attributed;  and  finally  we  are  to  de- 
termine who,  if  any,  were  the  parties  behind  the 
causes;  what  were  their  motives,  if  th^  had 
any;  and  how  and  to  what  extent  their  motives 
and  acts  may  be  adequately  and  impartially  rec- 
ompensed. I  may  say  that  the  members  of  the 
Commission  have  made  a  preliminary  examination 
of  the  heut  in  ftio,  and  are  now  prepared  to  hear 
the  testimony  of  all  interested  parties.  I  will 
first  of  all  call  for  the  appearances. 

Thereupon  the  following  »ppaLnnoe$  w«re 
entered: 

Hwi.  Hellfor  Steenerson,  representing  the 
Rainy  River  High  Water  Association. 

Hon.  Frank  S.  Streeto*,  representing  the  Lords 
Day  Alliance  of  Baudette. 

Frank  H.  Keefer.  K.  C,  representing  the 
International  Fishermen's  Protective  Association. 

Manton  M.  Wyvell,  representing  the  Caviar 
Trust. 

Sir  Isaac  Campbell,  K,  C  M.  C,  representing 
the  Department  of  Indian  Affairs. 

Major  C  S.  Maclnnes,  ex-K.  C,  representing 
the  Rainy  River  Sanitary  Survey. 

C.  J.  Rockwood,  representing  the  I.  W.  W. 

S.  H.  Y.  Berkman,  representing  Himself. 

Arthur  V.  White,  D.  Sc,  Lecturer  on  Water 
Nfarks. 


10 


Intbrnational  **  oiNTs"  Commission 

Adolph  F.  Meyer,  Ph.  D^  Professor  of  Uchen- 
(Jogy. 

Ths  Chaimian:  7.  ksm  from  my  collesgue. 
Chief  Ns-Msy-Podc,  that  one  of  the  prindpsl 
witnesses,  Mr.  TsngcnHoopU,  of  the  Rainy  River 
Chippewa  Reserve,  has  a  pressing  engagement  of 
a  ckMnestic  nature.  We  will  therefore  call  Mr. 
Tango*Hoo|^  as  the  first  witness.  The  Secre- 
taries will  call  'n  the  Official  Interpreter. 

The  witness  being  duly  sworn, 

Chiif  Na-May-Pock:  Tahw  evah  uoy  ot 
yas  la  ot  dit  toejbus  rettam  fo  siht  noitagitsevni? 

The  Chairman:  Pardon  me,  Chwf,  but 
might  it  not  be  better  to  have  both  questions 
and  answers  put  into  English,  for  the  benefit  of 
those  who  are  not  altogether  familiar  with  Qiip- 
pewa? 

Chief  Na-May-Pock:  Long  before  the  Wh:;« 
Man  polluted  this  land  of  the  Western  Sun  the 
tongue  of  the  Red  Man  was  heard  around  the 
Council  Fire.  Nevertheless,  let  the  Interpreter 
speak. 

The  Interpreter  thereupon  put  to  the  witness 
the  question  as  to  what  knowledge  he  had  of  the 
matter  under  investigation,  and  translated  the 
following  str.tement: 

Tango-Hoopla:  One  night  my  fri<>nd  Man- 
with-the-Wooden-Smile  and  I  go  fishing  in  the 
Manitou.    We  have  no  luck,  only  seven  pike. 

II 


iM 


International  "JoiNTt"   Co 


MMI88ION 


We  ate  paddle  back  to  the  Reserve  when  we 
hear  White  Man's  yell  over  the  water.    Knowing 
the  White  Man's  ways,  we  think  only  one  big 
spree.    Then  they  say  "Hel-Iupl  Hel-Iupl"    So 
we  paddle  over  to  see  what  they  got.    There's  a 
boat  on  the  rocks,  filled  with  White  Men,  old 
chiefs  and  young  braves,  so  many  they  swamp 
the  boat.    They  saj^  'Take  us  ashore  and  we 
give  you  much  money,  we  make  you  rich  mens." 
We  say  "AU  right."    So  we  put  them  on  shore, 
all  but  two  or  three  foolish  ones,  they  say  "We 
stay  with  the  ship."    So  the  boat  she  swing  round 
to  the  rapid;  then  she  swing  in  shore  and  strike 
a  big  rock;  the  screw  snap  and  go  to  the  bottom; 
and  those  foolish  ones  jump  on  shore  with  the 
others.    We  wait  around  for  much  money,  but 
the  white  chiefs  don't  seem  have  no  money.    They 
say,  "you  take  our  man  Wite  to  Emo  for  get 
hel-Iup,  and  we  give  you  money."    So  we  start  for 
Emo.  Then  they  call  us  back.  They  say,  "you  got 
fish?    Give  us  fish  and  we  give  you  some  money." 
So  we  hold  fish  in  one  hand  till  we  get  money  in 
the  other.    Then  we  paddle  up  to  Emo.    We 
leave  the  white  me^ssenger  there,  and  come  back 
to  watch  the  mad  White  Men.    They  build  heap 
big  fire,  foolish  man's  fire.    One  puts  the  fish  in 
the  fire;  another  pulls  it  out  and  yell  "Damn!" 
Some  eat  the  fish.     (Exhibit  C)    One  old  Chief, 
they  call  him  "Taw-Nee,"  send  young  brave  to 


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the  boat  to  get  fire-water.  Young  brave  don't 
get  any  fire-water.  Big  Chief  say  not  good  for 
young  man,  so  drink  all  himself.  (Exhibit  E.) 
Then  Chief  Taw-Nee  lead  dance  round  camp- 
fire,  and  sing  queer  songs,  "Hole-in-bottumela- 
sea"  and  "Wont-be-homel-morling"  and  some- 
thing about  "Lidapinkum."  (Exhibit  B.)  Other 
big  chiefs  wont  sing,  only  young  braves  join  in 
chorus.  Other  chiefs  sit  on  logs  and  look  glum. 
One  Very  Big  Chief  go  ofiP  and  sit  by  himself  in 
boat  and  say  nothing.  Byum  bye  it  get  very 
late,  and  Wh'  .e  Men  get  very  tired.  They  say 
"Damn  this  River  r'  and  go  sleep  on  pile  of  logs. 
Some  smoke  pipe.  Others  have  no  pipe,  so  c<in't 
smoke.  Long  about  midnight,  one  old  chief 
say,  "Whereinell's  Wite?"  No  one  seem  know 
where  is  Wite.  So  it  get  later  and  later,  and  no 
boat  come  from  Emo.  Man-With- Wooden-Smile 
and  me  hide  in  bushes  and  chuckle.  After  while 
train  come  long  on  other  shore.  One  Chief  say, 
"There  goes  the  Govemorl"  Taw-Nee  only 
grunt.  He  too  tired  care  'bout  Governor.  Chief 
name  Sentor  wake  up  an'  say,  "Gov'nor  wise 
guy,"  then  go  sleep  agam.  No^er  Chief  roll  off 
logs  and  say,  "Dam'  that  man  Wite!"  Then  he 
find  soft  spot  on  logs  and  begin  snore.  Little 
brave  man  Kluss  (Exhibit  T)  say  meekly,  "Wite 
only  gone  six  hours."  Taw-Nee  don't  speak, 
only  grunt  "EllI"    Big  chief  name  Po-ell  sleep 


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on  end  of  logs.  Presently  he  talk  in  sleep.  He 
say,  "How  many  Bekoly  you  find  ten  thousand 
cubic  sumtometers  water?"  then  he  chuckle. 

The  Chairman:  What's  that  he  says?  Let 
the  witoess  repeat  that  last  statement.  I'll  bring 
an  action  for  criminal  libel  against  that  man. 
(Exhibit  I.) 

TANCO-HooPi^,  resuming  testimony:    "Bout 
half-past  two  some  one  shout,  "There's  a  light  up 
the  nverl"    Chiefs  climb  on   rocks  and  yell. 
Man  in  boat  other  side  river  shout,  "Can't  get 
over.    Might  get  m  rapids."    One  chief  say, 
"Come  up  here."    'Nother  say,  "Go  down  there." 
Boat  man  don't  know  what  do.    He  creep  over 
and  come  to  camp.    There's  big  rescue  fleet  from 
Emo,  one  little  boat,  one  bigger  boat  have  only 
one  blade  on  screw,  an'  one  scow.    Little  boat 
take  chiefs  and  young  men  over  river  to  big  boat. 
Some  chiefs  find  crackers  an'  cheese  on  boat  an' 
eat  um  all  before  other  chiefs  get  'cross  river; 
then  say,  "All  right,  we  go  walk  Emo,  let  other 
chiefs  go  up  river  comfor'able  in  boat.    We  no 
crowd  them.    We  good  men,  we  walk."    Boat 
man  he  wink  his  eye,  and  he  say,  "O,  yes,  you 
walk  easy.    On'y  short  walk  Emo.    You  go  up 
shore,  nice  an'  dry.    You  go  little  way  up  shore, 
then  you  turn  to  lef  and  you  find  railway,  then 
you  at  Emo."    Chiefs  start  off  with  lantern, 
think   have   good    time.    Me   and    Man-With- 


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International  '^Joints"  Commission 

Wooden-Smile  Mow  on  trail.    One  chief  lead. 
Presently  he  go  in  swamp  and  say,  "Dam*." 
Then  another  chief  lead.    He  think  he  come  to 
place  where  turn  for  left,  and  he  say,  "Follow 
me."    So  they  follow  round  in  cirde,  and  come 
back  to  shore.    So  they  walk  through  swamp  on 
shore  for  two-t'ree  mile,  then  Great  Big  Chief 
he  say,  "Come  with  me.    I  know  way."    He 
turn  to  left,  and  lead  in  to  bush  swamp.    (Ex- 
hibit Q.)    Then  he  come  back,  and  other  chiefs 
sadly  behind  him.    B'out  six  mile  more  they  hear 
engine  and  see  lights  Emo  long  way  off.    They 
ask  man  where  is  track,  and  he  have  pity  and 
show  where.    Thej'  walk  'long  track  two-t'ree 
mile   and    reach    Emo    'bout    half-past    three. 
They  make  very  sad  procession  down   street 
to  Emo  hotel,  but  face  shine  w'en  see  fine  meal 
Wite  have  for  them.    Then  other  chiefs  come  up 
river  on  boat,  and  eat  so  much  poor  hotel  man 
have  noting  left  for  family.    Man-With-Wooden- 
Smile  and  me  we  go  fin*  Wite  and  make  him  give 
us  much  money  for  rescue  big  Chiefs.    Wite  he 
too  tired  say  much,  on'y  he  make  Man-With- 
Wooden-Smile  put  name  on  t'ree-four  piece  paper 
say  he  have  got  money  from  Wite.    Dat  man 
Wite  ver'  careful  chief.    Then  all  chiefs  and 
young  men  go  up  station,  and  'bout  four  o'clock 
take  train  Baudette.    Dat  bad  place  Baudette. 
White  chiefs  get  stung  there.    Man-With-Wood- 


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en-Smile  and  me  we  go  back  Reserve,  an*  catch 
moreHsh."  (Exhibits.)  This  ended  the  terti- 
mony  of  Tango-Hoopla,  who  filed  Exhibit  D, 

The  Chairman:    That  is  a  very  important 
statement,  Mr.  Tango-HoopU.    On  the  face  of 
It  It  may  not  appear  to  have  much  bearing  on  the 
subject-matter  of  the  investigation,  but  if  we 
read  between  the  lines  we  will  discover  some  very 
valuable  dues.    One  sees  signs  of  a  conspiracy 
on  the  part  of  some  of  these  men  who  camped  so 
mystenously  on  the  banks  of  the  Rainy  River 
from  seven  o'clock  on  Saturday  night  untH  three 
o  clock  Sunday  morning.    There  must  have  been 
some  smister  motive  behind  such  extraordinary 
conduct.    I  do  not  wish  to  commit  myself  or  my 
coUMgues  to  a  definite  opinion  at  this  early  stage 
of  the  mvestigation,  but  I  have  my  suspicions. 
There  is  a  peculiar  vmdictiveness  in  the  unwitting 
remark  of  the  man  PoweU  that  furnishes  an 
invaluable  clue  to  much  that  might  otherwise 
seem  mysterious.    However,  we  wiU  go  on  with 
the  testimony. 

JAMES  A.  TAWNEY  caUed  and  sworn. 
The  Chairman:    What  is  your  occupation. 
Mr.  Tawney? 

Mr.  Tawney:    My  favorite  occupation,  your 
honour? 

The  Chairman:    How  many  have  you? 

Mr.  Tawney:    Oh,  several    I'm  a  sort  of  a 

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International   "Joints"   Commission 


G)inmi8sioner.  I'm  a  pretty  good  Chairman, 
too,  when  I  get  a  chance.  I've  known  men, 
though,  that  were  so  damned  unreasonable  they 
wouldn't  let  me  preside  when  they  were  in  the 
chair.  What  do  you  know  about  that?  Also 
I'm  an  ex-Congressman. 

Mr.  Steeners(H4:  He  means  he's  a  Lame 
Duck. 

Mr.  Tawney:  Another  thing,  I  can  tell  a 
pretty  good  story.  Did  you  ever  hear  that 
Gettysburg  story?  It  was  this  way.  When  I 
was  a  boy  .  .  . 

The  Chairman:  Excuse  me,  Mr.  Tawney, 
but  I  don't  quite  see  the  relevancy  of  your 
Gettysburg  story.  Has  it  any  direct  bearing  on 
this  investigation? 

Mr.  Tawney:    Well,  not  a  direct  bearing. 

Chief  Na-May-Pock:    Tuo  ti  tuc! 

Mr.  Zippel:  I  don't  quite  follow  my  col- 
league's remarks,  but,  Mein  Gott,  I  quite  agree 
with  him. 

Mr.  Keeper:  I  am  here  to  agree  to  whatever 
your  Lordships  may  decide.  My  only  desire  is 
to  facilitate  in  every  conceivable  way  the  extreme- 
ly important  investigation  with  which  you  have 
been  charged.  At  the  same  time,  my  duty  to 
my  clients  compels  me  to  offer,  with  every  possible 
respect,  the  suggestion  that  the  Gettysburg  story 
be  canned. 


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Major  MacInnes:  I  cuuiot  quite  agree 
With  my  lesraed  friend.  Hit  motion  is  no  doubt 
quite  consistent  with  his  duty  to  the  Intemstionsl 
Fishermen's  Protective  Association;  but  he  must 
remember  that  there  are  other  interests  repre- 
sented at  this  hearing.  I  wiU  offer  in  amendment 
a  motion  that  the  Gettysburg  story  be  subjected 
to  a  bacteriological  examination  before  any  other 
action  is  taken  upon  it. 

The  Chairman:  After  consultation  with  my 
coUeagues.  it  is  th«?  decision  of  the  Commission 
«^t  the  Gettysburg  story  be  dictated  to  the 
Official  Stenographer  after  the  close  of  the  present 
session,  and  filed  as  Exhibit  A. 
^^Now,  Mr.  Tawney,  certain  sutements  have 
been  made  to  the  Commission  by  the  previous 
witness,  Mr.  Tango-Hoopla.  What  have  you  to 
say  as  to  those  statements? 

Mr.  Tawney:  Have  I  the  protection  of  the 
Court,  if  I  speak  frankly? 

The  Chairman:  Yes,  sir,  within  reasonable 
umits. 

Mr.  Tawney:  What  do  you  mean  by  "rea- 
sonable"? 

The  Chairman:  The  Commission  will  have 
to  be  the  judge  as  to  that. 

Mr.  Tawney:  To  put  it  bluntly,  can  you 
keep  the  Chairman  of  the  Canadian  Section  in 
his  seat? 

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International  "Joints"  Commission 


Chief  Na-May-Pock:  Naem  eh  leod  tahw? 
Yaw  yn*,  eh  si  ohw?  PIscs  mihl  Dim  evah  II 
(Exhibit  R.) 

Mr.  Marschauc:  Calm  yourself,  my  dear 
Chief.    Put  it  in  German,  if  you  have  to  swear. 

Mr.  Streeter:  With  all  respect,  your  hon- 
ours, he  must  not  swear,  either  in  Chippewa  or 
German.  The  Lord's  Day  Alliance  instructs  me 
to  withstand  any  attempt  at  profanity. 

Sir  Isaac  Campbell:  I  do  not  think  my 
Department  would  have  any  serious  objection  to 
the  Chief  swearing  in  Chippewa;  but  I  think  your 
Lordship  will  agree  with  me  that  to  swear  in 
German  would  be  a  distinct  breach  of  neutrality. 

The  Chairman:    Proceed,  Mr.  Tawney. 

Mr.  Tawney:  This  man  Tango-Hoopla  is  a 
notoriv^us  character.  He's  a — ^well,  out  of  respect 
for  the  Chief  I'll  not  say  exactly  what  I  think  he 
is.  But  you  can  see  for  yourself  he's  a  Bull 
Mooser.  Who  but  a  Bull  Moose  would  come 
sneaking  around  an  innocent  camp-fire,  trying  to 
make  capital  out  of  the  gentle  perslifage,  I  mean 
persiflage,  of  a  crowd  of  hungry,  and  thirsty, 
shipwrecked  commissioners.  He  complains  that 
he  was  not  paid  for  his  services.  Good  Lord,  he 
was  overpaid.  Every  one  paid  him.  He  should 
have  been  kicked  into  the  Rainy  River.  As  to 
what  he  said  about  that  bottle,  it  was  the  very 
best  Bourbon,  and  there  wasn't  enough  left  in 

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the  bottle  for  one  .We-bodied  man.  let  done  the 
hdf  down  who  had  a  puU  at  h.  You  cannot 
believe  a  woid  that  the  man  said.  He's  a  follower 
ofTR    IteUyou.    Need  I  say  more? 

anv  W?*^'"^'    "•''*  *"y  «^ y«"  gentlemen 
any  further  questions  to  ask  of  this  witness?    He 

may  know  something  about  the  plot  that  led  up 

to  the  wreck  of  the  TootUs,  but  I  doubt  if  we 

^":S  nUlf "'  *![  ?™  ^"*'°"*  "»««'"8  *o  the 

itt'^'.^to/itr  ""^ "  -^ '''  ^'"■ 

can  ra'ICS""^  ^°"'  "'^"^-' '  -'^  - 

Tke  Chairman:    Call  the  witness  Powell, 
him )       ""  ''^°™'  '^'''^*  Chairman  glares  at 

J^,^^^  (^rnly):    I  believe  we  have 
met  before,  Mr.  Powell. 

cen^V    H  "^"^  ^^^  ""  '^  ^f  ^^P"*'  '"«o- 
cence):    Have  we,  Doctor? 

The  Chairman:  Now,  sir.  none  of  that.  No 
prevarication  and  no  nonsense.  Remember  that 
you  are  under  oath.  I  expect  you  at  least  to 
make  an  effort  to  be  frank.  (Indistinct  sounds 
irom  witness.) 

The  Chairman:  What's  that  you  say?  I 
warn  you,  sir  that  under  Rule  XCIX  of  the 
Procedure  of  this  Commission,  all  muttered  evi- 
dence  is  subject  to  any  interpretation  the  Court 

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Intirnational  "Joints"  Commission 

may  choote  to  put  upon  h.  You  will  he  wdl 
•dvited,  sir,  if  you  decide  to  adopt  a  more  respect- 
ful, not  to  say  humble,  attitude  toward  this  tri- 
bunal. Your  actions  in  connection  with  the 
execrable  plot  to  destroy  the  Tootks  are  not  en- 
tirely above  suq>icion;  and  this  Court  has  not 
forgotten  the  sinister  significance  of  your  attempt 
to  discredit  the  testimony  of  a  reputable  citizen 
<^  Warrroad;  a  citizen,  sir,  whom — whom — 

(Voice  from  the  background):  All  Bacteria 
delight  to  honour. 

The  Chairman:  Arrest  that  man  Mignault 
for  contempt  of  Court.  (To  witness):  No,  sir, 
this  Tribunal  will  be  just  to  you — that  is  to  say, 
just  within  reasonable  limits;  but  it  will  not  be 
lenient — no,  I  am  inclined  to  think  you  could 
not  properly  describe  its  attitude  as  lenient. 
Now,  sir,  in  this  matter  of  the  wreck  of  the 
TootUs 

Mr.  Steenerson:  I  protest,  your  Honour. 
This  is  my  witness,  and  I  claim  the  right  to  ex- 
amine him. 

The  Chairman:  Put  your  motion  in  writing, 
Mr.  Steenerson,  and  the  Commi&<on  will  take 
it  under  advisement,  at  a  convenient  opportunity. 

Mr.  Steenerson  (spluttering):  This  is  an 
outrage  I  Gentlemen,  I  have  sat  in  Congress  for 
many  years,  but  I  have  never  known  such  a  cal- 
lous abuse  of  the  privileges  of  the  Chair  (even  by 

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Uncle  Joe).  I  repeat,  this  is  my  witness,  MY 
WITNESS,  and  I  will  not  submit  to  his  being 
torn  out  of  my  hands  in  this  fashion. 

The  Chairman:    Gently,  gently,  my  good 
friend  Steenerson!    All  in  good  time.    Warroad 
was  not  made  in  a  day.    This  is  not  the  only 
pebble  on  your  sand  beach.    Be  calm,  sir,  be 
calm!    Cultivate  that  excellent  virtue,  patience. 
Remember  that  I  leave  you  the  witness  Mignault 
to  play  with.    Believe  me,  this  witness  Powell 
IS  not  your  witness.    He  is  aU  mine.    You  just 
sit  down  quietly  and  watch  your  uncle  Ebenezer 
put  the  famous  sanitary  professor  H.  A.  Powell 
through  his  paces.    Then  if  there  is  any  of  this 
witness  left,  you  may  interrogate  the  fragments 
till  the  cows  come  home. 

(Mr.  Steenerson  subsides  gradually,  with 
muttered  comments,  which  the  Reporter  is  in- 
structed by  the  Chair  not  to  spread  upon  the 
record.) 

The  Chairman:  Now,  Mr.  Powell,  what 
have  you  to  say  as  to  the  wreck  of  the  steamship 
Tootles?  ^ 

Mr.  Powell:  You  remind  me,  sir,  of  a  rather 
good  story  about  the  late  Chief  Justice  of  New 
Brunswick,  Sir  Timothy  Tootles;  but  I  am  afraid 
It  IS  rather  too  hot  for  the  record.  It  was  this 
way.  You  see,  old  Tootles  was  rather  noted 
for 


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The  Chairman:  That  will  do,  Mr.  Powell. 
Do  not  think  that  you  can  drag  a  New  Brunswick 
herring  over  my  trail  in  this  fashion.  This  Court 
is  not  interested  in  the  salacious  j;to>  ies  of  vour 
Blue  Nose  Bench.  Stick  to  th  point,  sir,  siu  k 
to  the  point.  To  what  do  j  'U  attribute  che 
alleged  loss  of  the  steamship  Tocr '•>? 

Mr.  Powell:  Well,  sir,  to  put  it  succinctly, 
I  am  somewhat  inclined  to  the  view  that  the 
suppositious  wreck  of  the  so-called  steamship 
Tootles,  somewhere  in  the  neighbourhood  of  the 
Rainy  River,  or  to  be  strictly  accurate,  within 
the  Lake  of  the  Woods  drainage  basin,  is  a  matter 
as  to  which,  while  there  may  be  certain  circum- 
stances leading  to  more  or  less  dubious,  or  one 
might  say  questionable,  conclusions,  such  as  the 
presence  of  barnacles  on  her  keel,  as  to  which 
there  is  said  to  be  an  affidavit  filed  in  the  State 
Department  at  Washington  (Exhibit  M),  still, 
looking  at  the  matter  from  a  strictly  impartial 
and  judicial  standpoint,  and  taking  into  consider- 
ation the  tonnage  of  the  ship,  the  pressure  on  her 
boilers,  the  condition  of  her  air-tight  compart- 
ments, her  serious  list  to  port,  the  mental  state 
of  the  pilot,  the  physical  condition  of  the  crew, 
the  peculiar  meteorological  phenomena  mentioned 
in  the  before-mentioned  affidavit,  the  stage  of 
water  in  the  river,  the  agitating  effect  of  a  well- 

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International   "Joints"   Commission 

defined  high  water  mark  on  some  of  the  pas- 
sengers, and  the  presence  of  B.  Coli 

The  Chairman:  Let  me  interrupt  you  there, 
Mr.  Powell.  You  have  raised  an  extremely  in- 
terestmg  point.  There  has  been  a  strong  sus- 
picion  in  -IV  mind  that  this  man  B.  Coli  had 
somethmg  to  do  with  the  plot.  Now,  let's  get 
down  to  tacks.  What  do  you  know  about  the 
man  Coli? 

Mr.  Powell:    The  man  who? 

The  Chairman:  Let  me  warn  you  once 
more,  Mr.  Powell,  that  you  are  here  under  oath, 
and  also  under  suspicion.  Be  careful  how  you 
trifle  with  me.  Where  did  you  first  meet  Ben- 
jamin Coli? 

Mr.  Powell:    I  don't  know  what  you  mean. 

The  Chairman:  Oh,  yes,  you  do.  Answer 
me  frankly.  Am  I  not  correct  in  stating  that  Coli 
has  been  associated  with  you  in  some  of  your 
very  questionable  operations  around  the  Great 
Lakes? 

Mr.  Powell:    I  deny  it  absolutely. 

The  Chairman:  You  have  the  effrontery  to 
deny  it,  sir.  Will  you  tell  me  next  that  you  have 
never  heard  of  that  collosal  humbug  the  mvster- 
lous  C.  C? 

Mr.  Powell:  Do  you  mean  Cubic  Centi- 
meter? 

The  Chairman:    Ah,   now  we  are  getting 

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International   "Joints"   Commission 


something  out  of  you.  Kindly  repeat  that  name; 
see  that  the  Reporter  gets  it  correctly.  This  is 
extremely  important.  You  admit,  sir,  that  you 
know  this  man;  and  yet  you  have  the  assurance 
to  profess  igno.,'ance  of  his  guilty  associate  B. 
G>Ii.  Do  you  dare  to  tell  this  Commission  that 
you  did  not,  in  the  year  1914,  meet  these  two 
notorious  characters  at  a  certain  point  on  the 
Detroit  River,  and  about  the  same  period,  at  a 
rendezvous  on  the  Niagara  River?  Be  careful, 
sir;  remember  once  more  that  you  are  under  oath. 

Mr.  Powell:  You  must  have  tried  to  read 
the  "Progress  Report  in  the  Pollution  Investiga- 
tion." 

The  Chairman:  Never  mind  what  I  have 
been  reading.  Perhaps  I  am  familiar  with  that 
classic  document,  and  perhaps  I  am  not.  What 
do  you  mean,  sir,  by  "tried  to  read"?  Do  you 
dare  to  suggest  that  anything  contained  in  that 
or  any  other  report  would  be  beyond  my  com- 
prehension? I  would  have  you  know  that  I 
am  a  reputable  practitioner.  There  is  not  a 
case  of  Typhus  in  the  Warroad  district  for  a 
generation  past  that  I  am  not  perfectly  familiar 
with.  Why,  sir,  I  have  isolated  a  Typhus  under 
conditions — but  let  that  pass.  Go  on  with  your 
evidence.  What  have  these  men  B.  Coli  and  C. 
Centimeter  to  do  with  the — ^what  do  you  call  it 
—"Progressive  Pollution  Report"? 


45 


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International   "Joints"   Commission 


; 


Mr.  Powell:  It  is  somewhat  difficult  to 
answer  your  question  in  its  prejient  form.    What 

you  mean  is 

The  Chairman:  How  dare  you  suggest  to 
me  that  I  do  not  know  what  I  mean.  I  am  free 
to  say,  sir,  that  you  a^e  a  most  unsatisfactory 
witness.  You  shall  hear  from  me  again.  Mr. 
Steenerson,  you  may  take  this  witness. 

Mr.  Steenerson:  Wliat  have  you  to  say, 
Mr.  Powell,  as  to  the  effect  of  the  wreck  of  the 
Tootles,  the  wave  action  set  up  by  the  frantic 
efforts  of  the  crew  to  extricate  the  vessel  from 
the  clutch  of  the  Manitou,  upon  the  valuable 
sand  beaches  of  the  Rainy  River?  (Exhibit  L.) 
Mr.    Powell:    I   don't  quite   follow  you. 

You  mean 

Mr.  Steenerson:  Oh,  well,  let  that  pass. 
You  are  of  course  aware  that  one  of  the  most 
valuable  assets  of  the  Rainy  River  as  a  tourist 
resort  is  the  existence  and  preservation  of  its 
splendid  sand  beaches  on  the  American  shore 
immediately  above  the  Manitou  Rapids.  Now, 
don't  interrupt  me.  I  take  it  for  granted  that 
you  at  least  admit  the  existence  of  these  mag- 
nificent beaches.  Well,  then,  if,  as  I  am  firmly 
convinced,  and  can  prove  to  the  satisfaction  of 
the  Court  if  sufficient  time  is  given  me,  these 
extensive  beaches  have  been  practically  destroyed 
by  and  through  the  wreck  of  the  Tootles,  have  in 

a6 


International   "Joints"   Commission 

fact  been  undermined  and  washed  away  by  wave 
action  set  up  by  the  propeller  of  that  steamer, 
you  will  of  course  admit  that  the  people  of  my 
G>ngressional  District  have  a  right  to  demand 
that  either  these  beaches  be  restored  to  them, 
or  that  ample  compensation  be  furnished.  I  have 
no  further  question  to  put  to  this  witness. 

Mr.  Kennedy:  Mr.  Powell,  I  should  like  to 
have  your  opinion,  as  an  expert,  on  the  effect  of 
lichen  growths  (Exhibit  P)  on  the  hull  of  the 
Tootles,  in  bringing  about  this  regrettable  catas- 
trophe. Would  you  or  would  you  not  say  that 
these  growths,  so  clearly  defined  immediately 
above  the  high  water  mark  on  the  hull  of  the 
Tootles  (Exhibit  J),  were  a  material  factor  in  so 
lowering  the  draft  of  the  ship  that  at  the  psy- 
chological  moment  she  came  to  grief  on  this 
alleged  reef  not  far  from  the  American  shore  and 
immediately  above  the  Manitou  Rapids?  I  hope 
I  have  made  myself  clear.  (Exhibit  N.)  (The 
witness  having  fainted,  was  carried  to  the  Rainy 
River  Hotel,  where  restoratives  in  the  shape  of 
whiskey  and  red  pepper  were  administered  with 
gratifying  results.) 

R.  P.  GLENN  called  and  sworn. 
The  Chairman:    What  is  your  occupation, 
Mr.  Glenn,  your  familiar  avocation? 

Mr.  Glenn:    I  am  a  Temperance  Lecturer, 


iaiiiiiiiii 


International   "Joints"   Commi 


SSION 


li  I 


Your  Honour.    Formerly   I   was   Governor  of 
North  Carolina. 

(Sensation  in  the  Court.) 
The  Chairman:    I  do  not  think  I  could  have 
^  -ght  the  first  part  of  your  answer,  Mr.  Glenn. 
You  said  you  had  been  Governor  of  North  Caro- 
lina, and  you  are  now  a,  what? 

Mr.  Glenn:  A  Temperance  Lecturer. 
The  Chairman  (severely):  My  dear  sir.  this 
IS  no  place  for  levity.  Pray  remember  that  you 
are  dealing  with  a  Commission,  an  International 
Commission,  and  reserve  your  ill-timed  jests  for 
a  more  suitable  occasion. 

Mr.  Glenn  (earnestly):  But  I  assure  you, 
sir,  I  am  a  Temperance  Lecturer,  and  a  very 
busy  one,  too.    (Exhibit  E.) 

The  Chairman:  I  think  it  will  only  waste 
our  time  to  continue  the  examination  of  this 
witness.  We  are  here  to  elicit  facts,  not  absurd 
fictions.  There  have  been  Governors  of  North 
Carolina,  and  there  have  been  Temperance  Lec- 
turers, but  any  man  who  tells  us  he  has  been 
both  had  better  go  before  a  Lunacy  Commission. 
We  might  as  well  waste  our  time  over  Dr.  Cook. 
You  are  excused,  Baron  Munchausen.  Call  the 
next  witness. 

C.  A.  MAGRATH  called  and  sworn: 
The  Chairman:    You  might  take  this  wit- 
ness. Mr.  Marschalk.     I  feel  a  little  exhausted. 
28 


I 


g" 


s. 


If 


i! 


'I 


International  "Joints"   Commission 

and  will  just  run  around  the  comer  with  the  ex- 
governor  of  North  Carolina.  He's  not  much  of 
a  witness,  but  maybe  he  has  not  forgotten  the 
famous  question. 

Mr.  Marschalk:  We  will  not  tempt  you, 
Mr.  Magrath,  to  follow  a  bad  example  by  asking 
your  occupation.  We  will  assume  that  you  are 
neither  an  ex-Governor  of  North  Carolina  nor  a 
Temperance  Lecturer.  Now,  we  have  had  a  lot 
of  very  interesting  testimony  since  this  investi- 
gation was  opened,  but  we  seem  to  have  wandered 
somewhat  from  the  point.  Let  us  return  to  our 
sausages,  as  we  say  in  Prussia.  Give  us  in  your 
own  words,  as  briefly  as  possible,  the  actual  cir- 
cumstances of  the  wreck  of  the  Twites,  that  is  to 
say  if  there  is  any  such  vessel,  and  if  she  was 
actually  wrecked. 

Mr.  Magrath:  I  do  not  know  that  I  can 
add  anything  to  the  testimony  of  the  previous 
witnesses.  I  may  be  wrong,  I  may  be  entirely 
wrong,  but  it  seems  to  me  that  the  wreck  of  the 
To<^les  was  the  direct  result  of  criminal  reckless- 
ness on  the  part  of  one  of  the  passengers  named 
Kluttz,  a  fellow-countryman  of  yours,  I  believe, 
however,  I  may  be  wrong.  Now  this  man  Kluttz 
is  an  exceedingly  corpulent  person,  and  would 
persist  in  rocking  the  boat.  I  am  unable  to  say 
why  he  rocked  the  boat,  but  I  have  an  idea  that 
he  got  a  certain  kind  of  amusement  out  of  the 

29 


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International  "Joints"  Commission 


!l'( 


exerciM.    It  kept  his  mind  occupied,  as  it  were. 
However,  be  that  as  it  may,  the  effect  on  the 
pilot  was  disastrous.    One  could  see  him  getting 
more    and    more    nervous    and    excitable.    He 
looked   about   constantly,   and   steered   wildly. 
The  Tootles  swung  6rst  to  the  Canadian  shore 
and  then  to  the  American.    You  mi{;ht  put  it 
this  way  that,  instead  of  following  the  proper 
channel  she  was  diverted  from  her  course.    Under 
favourable  circumstances  it   might   have  been 
merely  "a  temporary  diversion"  (I  will  not  argue 
the  point),  but  you  will  understand  that  the 
circumstances  were  not  favourable,  and  so  the  div- 
ersion became  "permanent."  The  case  is  curiously 
like  that  of  the  St.  Maiy  and  Milk  Rivers,  with 
which  I  am  somewhat  familiar.  On  the  other  hand,  I 
cannot  see  any  anology  between  these  diversions 
and  the  so-called  temporary  diversion  of  the  St. 
Croix  River.  (Exhibit  R.)  There  is  a  question  in 
my  mind 

Mr.  Marschalk:  I  do  not  wish  to  interrupt 
you,  Mr.  Magrath,  but  I  do  not  quite  get  the  drift 
of  your  remarks.  Do  I  understand  you  to  suggest 
that  if  the  Tootles  had  been  wrecked  on  the  St. 
Mary  or  Milk  Rivers  it  would  have  been  a  per- 
manent diversion,  but  in  the  case  of  the  St.  Croix 
River  it  would  have  been  only  a  temporary  diver- 
sion? 

Mr.  Magrath:  O,  no,  you  quite  misunder- 
30 


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InTEKNATIONAL    "JoiNTt"    COMMIttlON 

•tand  me.  It  is  rather  a  technical  point,  and 
perhapa  I  can  explain  it  more  clearly  on  the 
map.  (Map  produced,  and  the  witncM  went 
into  informal  conference  with  the  Commosioners.) 

1'he  Chairman:  Mr.  Marschalk,  if  you  are 
finished  with  this  witness,  we  wiU  adjourn  to 
5  A.  M.  tomorrow. 

O.  GARDNER  called  and  sworn. 

The  Chairman:  What  is  your  first  name, 
Mr.  Gardner? 

Mr.  Gardner:    Obadiah,  Your  Honour. 

The  Chairman:  Ah,  a  minor  prophet  in  the 
days  of  Nebuchadnezzar? 

Mr.  Gardner:  Not  on  your  life,  an  ex- 
Senator  from  Maine. 

The  Chairman:  Pretty  much  the  same 
thing,  isn't  it?  However,  let  that  pass.  What 
are  you  prepared  to  tell  us  as  to  the  Rainy  River 
plot? 

Mr.  Gardner:  I  deny  it,  Your  Honour,  I 
deny  it.  Never  heard  there  was  a  plot,  and  if 
there  was,  my  hands  are  clean.  I  was  a  per- 
fectly innocent  bystander.  Spent  a  pleasant 
evening  on  the  banks  of  the  Rainy  River  with 
some  friends.  Never  got  within  a  hundred  miles 
of  the  plotters.  I  can  prove  an  alibi,  double- 
rivetted,  warranted  to  stand  any  sort  of  rough 
usage.    No,  sir,  you  don't  drag  this  old  bird  into 

3i 


riiiiliiifiiiiiliiiiiliilj 


m 


International   "Joints"   Commission 


Try  my  frisky 


any  plot.    I  come  from  Maine. 

friend  from  Montreal. 

The    Chairman:    All    in    good    time,    Mr. 

Gardner,  all  in  good  time.    Major  Maclnnes,  I 

understand  you  have  some  questions  to  put  to 

this  witness,  on  behalf  of  the  Rainy  River  Sanitary 

Survey. 

Major  MacInnes:    Yes,  sir.    (To  witness): 

You  are,  I  understand,  Chairman  of  the  Select 

Committee   on   the    Pollution   of   International 

Waterways,  are  you  not? 

Mr.  Gardner:    Not  quite,  but  you've  made 

a  pretty  close  guess  at  it.    Let  it  go  at  that. 

Major  MacInnes:  Now,  Mr.  Gardner,  there 
is  a  feature  of  this  present  investigation  which 
has  not  as  yet  been  touched  upon;  that  is,  the 
eflFect  of  the  pollution  of  the  Rainy  River  by 

Hemical  and  other  refuse  upon  the  course  of  the 
'.  ootles.    There  seems  good  reason  to  suppose 
that  the  increased  density  of  the  water  from 
these  causes  had  not  a  little  to  do  with  the  mis- 
calculation of  the  pilot  as  to  the  exact  moment 
when  he  should  make  his  landing,  and  therefore 
contributed  to  the  ultimate  catastrophe.    Now, 
sir,  have  you,  as  Chairman  of  the  Committee  I 
have   just   mentioned,    made   a   bacteriological 
examination  of  these  waters,  including  the  bac- 
teria count  and  the  qualitative  and  quantitative 
estimation  of  B.  coli  in  any  given  cubic  centimeter 

32 


International   "Joints"   Commission 


of  water,  with  an  analysis  of  the  character,  origin 
and  intermittency  of  pollution;  and  have  you 
considered  whether  filtration  or  sterilization  of 
the  effluent  would  have  had  any,  and  if  so  what, 
effect  upon  the  distribution  or  stratification  thert- 
of  in  the  zone  under  OMisideration.  Then  there 
is  the  interesting  phenomena 

Mr.  Gardner.    Oh,  you  go  to  Helll 

The  Chairman:  I  must  insist,  sir,  that  you 
unreservedly  withdraw  that  unparliamentary  ex- 
pression. 

Mr.  Garim4er:  O,  yes,  I  withdraw  it.  Tell 
him  he  needn't  go.  But  he  makes  me  awfully 
tired.    (Exhibit  H.) 

The  Chairman:  Major  Maclnnes,  I  fear 
nothing  to  the  purpose  is  to  be  drawn  from  this 
witness.  Let  me  congratulate  you,  however, 
upon  the  lucidity  and  erudition  of  your  statement. 
I  entirely  agree  with  you,  sir,  in  everything  that 
you  have  said.  You  have  put  this  very  important 
point  exactly  as  I  should  have  stated  it  myself. 

Mr.  Steenerson:    Call  the  witness  Mignault. 

MR.  P.  B.  MIGNAULT  sworn. 

Mr.  Steenerson:  Now,  sir,  what  have  you 
to  say  as  to  your  conduct  in  connection  with  the 
alleged  wreck  of  the  Tootles?  I  desire  a  plain, 
straightforward  answer,  with  no  equivocation. 
Bear  in  mind  that  you  are  under  oath. 

Mr.  Mignault:    I  have  no  desire  to  equivo- 

U 


International  **Joint8**  Commission 


cate,  Mr.  Steeaenon;  and  I  do  not  see  why  I 
diould  not  give  you  straightforward  answers,  if 
you  will  be  a  little  more  explicit  in  your  questions. 
Mr.  Steenerson:  Now,  sir,  none  of  that. 
rU  not  submit  to  any  insolence.  Remember 
that  you  are  not  here  as  a  Royal  Commissioner, 
but  merely  as  a  witness.  Bear  yourself  more 
respectfully  in  this  august  tribunal.    I  may  have 

a  personal  crow  to  pick  with  you,  but 

Mr.  Mignault:  Oh,  let  bygones  be  bygones, 
Mr.  Steenerson.  Ask  what  you  will  of  me,  and 
I  shall  let  you  have  the  benefit  of  my  mature 
experience  at  the  Quebec  Bar. 

Mr.  Steenerson:  Never  mind  the  Quebec 
Bar.  What  I  want  is  light  on  certain  circum- 
stances of  a  very  suspicious  character  in  connec- 
tion with  the  subject-matter  of  this  investigation. 
I  hoW  an  affidavit  in  my  hand,  made  by  my 
learned  and  enterprising  friend,  Mr.  Berkman, 
from  which  it  appears  that  you  did,  on  a  certain 
day  early  in  the  month  of  September,  conspire 
with  certain  parties  unknown  to  procure  the 
sending  of  a  bogus  message  purporting  to  come 
from  Mr.  E.  W.  Backus,  warning  the  Tootles 
not  to  attempt  the  Manitou  Rapids.  (Exhibit 
G.)    Now,  sir,  what 

Mr.  Backus  (interrupting):    But,  Mr.  Steen- 
erson, I  sent 

Mr.   Steenerson:    I   must  really  ask  the 
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International  "Joints"  Commission 


protection  of  the  Court.  If  one  of  hs  members  is 
to  take  the  examination  of  this  important  witness 
out  of  my  hands,  I  shall  not  be  reqionsible  for 
the  consequences.  I  expect  to  prove  that  this 
witness,  aided  and  abetted  by  certain  criminal 
associates  in  International  Falls  and  elsewhere, 
did  maliciously  procure  the  sending  of  a  false 
message  to  the  captain  of  the  Tootles^  with  the 
cbject  of  preventing  that  vessel  from  navigating 
the  Manitou  Riq[>ids,  and  causing  her  to  be 
wrecked  on  the  rocky,  inhospitable  shore — I  mean, 
the  beautiful  sand  beaches— Oh,  anyway,  on  the 
American  side  of  the  Rainy  River.  What  was 
the  ultimate  object  of  this  plot  I  am  not  yet  pre- 
pared to  prove,  but  I  am  informed  by  a  reliable 
authority  that  this  witness  had  a  large  interest 
in  the  Tootles,  and  had  heavily  insured  the 
vessel  shortly  before  her  last  disastrous  voyage 
down  the  Rainy  River.  (Exhibit  F.)  Now, 
Your  Honours,  if 

Mr.  Backus:    Permit  me  to  say 

Mr.  Steenerson:  I  appeal  to  the  Chair,  I 
appeal  to  the  Chair  1 

The  Chairman:  My  colleague,  Mr.  Backus, 
has  the  floor. 

Mr.  Backus:  I  hate  to  interrupt  Mr.  Steen- 
erson, but  I  am  afraid  he  would  be  taking  up  the 
time  of  the  Commission  to  no  real  purpose.  I 
sent  the  message  he  refers  to,  and,  while  I  am 

35 


International  "Joints"  Commission 


sorry  that  it  had  such  unlooked  for  results,  I 

cannot  altogether  regret  it,  as  it  has  brought  me 

into  association  with  so  many  congenial  q>irits 

in  this  investigation. 

Mr.  Steenerswi:    I  have  no  other  course, 

Your  Honours,  than  to  withdraw  from  the  case. 

You  will  hear  from  me  later  on  the  floor  of  the  House. 
MR.  TAWNEY  recaUed. 
Judge  Streeter:    Mr.  Tawney,  the  Lord's 

Day  Alliance,  which  I  have  the  honour  to  repre- 
sent before  this  Honorable  Tribunal,  has  been 
pained  and  surinised— well,  perhaps  not  alto- 
gether surprised — ^to  learn  that  you  and  some  of 
your  associates  broke  the  solemnity  of  the  Sab- 
bath, not  only  by  lewd  and  boisterous  songs  on 
the  banks  of  the  Rainy  River,  but  that  you  were 
guilty  of  the  enormity  of  playing  the  unspeakable 
game  of  Rum,  early  in  the  morning  of  the  same 
holy  day,  upon  a  car  attached  to  the  Canadian 
Northern  Railway  train  proceeding  to  the  town 
of  Baudette.     I  am  loth  to  believe  this  of  you. 
Brother  Tawney.     I  had,  during  our  long  asso- 
ciation together,  conceived  a  peculiar  affection 
for  your  rugged  features.    Give  me  your  word 
that  the  incident  did  not  take  place,  or  at  least 
that  it  has  been  grossly  exaggerated,  and  I  will 
call  off  the  Alliance. 

Mr.  Tawney:    Judge  Streeter,  and  gentle- 
men: Unaccustomed  as  I  am  to  public  speaking, 

36 


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Intbknational  "Joints"  CoMnittioN 

nevcrtheleM  I  dare  not  let  this  auifMciottS  occasion 
dq>art  without  enlarging  (ot  a  nunnent  upon  the 
siffuficance  of  this  inttfnatitmal  q>isode.  The 
work  of  promoting  closer  and  more  direct  rela- 
tions between  the  two  great  peoples  on  this  con- 
tinent who  have  the  same  language,  come  from 
the  same  race,  have  the  same  common  fountain 
of  law,  the  same  traditions 

JinxsE  Streeter:  Yes,  yes,  Tawney,  quite 
sot  and  the  same  sly  fondness  for  Rum  of  one 
kind  and  another,  I  have  no  doubt.  However, 
suppoae  we  cry  quits.  You  call  <^  the  speech 
and  I'll  call  off  the  Lord's  Day  Alliance. 

The  Chairman:  Mr.  Wyvell,  the  G)mmi8- 
sion  will  be  glad  to  have  the  benefit  of  your 
experience  in  disentangling  this  di£Elcuh  question 
which  the  two  Governments  have  referred  to  it 
for  examination  and  report. 

Mr.  Wyveix:  Mr.  Chairman,  I  should  very 
gladly  and  delightfully  give  you  my  views  on  the 
subject,  but  my  hands  are  tied.  I  hold  merely 
a  watching  brief  for  the  Caviar  Trust,  and  my 
instructions  are  to  say  nothing  that  might  commit 
the  Trust  to  anything. 

Mr.  Zippel:  The  Trust  have  a  comer  in 
caviar,  isn't  it? 

Mr.  Wyvell:  I  r^ret  to  say  that  I  am  not 
at  liberty  to  answer  your  question,  Mr.  Commis- 
sioner. 

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■MiaiMriiMM 


International  "Joints"  Commission 


Mr.  2^ppel:  Ach,  Gottl  All  the  caviar  they 
find  today  around  Lake  of  the  Woods  won't  fill 
a  very  iMg  comer,  anyhow. 

The  Chairman:  I  do  not  think  we  have 
heard  as  yet  from  Mr.  Rockwood. 

Mr.  Rockwood:  Like  my  learned  friend  Mr. 
Wyvell,  I  hoM  a  watching  brief,  for  my  clients, 
the  L  W.  W.  So  far  as  I  have  been  abk  to 
gather  from  the  testimony  submitted  and  ad- 
mitted, the  lawfessness  of  the  passengers  of  the 
Tootles  was  of  such  a  character  as  to  meet  with 
the  enthre  approval  of  my  clients.  That  is  all  I 
have  to  say. 

The  Chairman:  Mr.  Berkman,  I  understand 
you  have  decided  to  hand  your  statement  as  an 
eye-witness  of  the  discreditabk  scenes  on  the 
banks  of  the  Rainy  River,  to  Mr.  Steenerson,  for 
submission  to  Congress? 

Mr.  Berkman:    Yes,  Your  Honour. 

The  Chairman:  It  only  remains,  then,  to 
thank  the  learned  counsel  for  the  eminently 
satisfactory  way  in  which  they  have  assisted  the 
Commission  in  getting  to  the  bottom  of  this 
complicated  question.  The  Commission  will  con- 
sider the  testimony  in  executive  session,  and  in 
the  meantime  it  is  suggested  that  we  adjourn  to 
the  Palace  Hotel  in  Rainy  River,  where  it  is  un- 
derstood that  the  Consulting  Engineers  have 
arranged  a  little  banquet. 

38 


Intbmnational  "Joints"  Commission 
LIST  OF  EXHIBITS 

(Originals  filed  in  the  Office  of  the  International 
"Joints"  Commission.) 

A.  Mr.  Tawney's  famous  Gettysburg  story. 

B.  Expurgated  text  of  some  of  the  Songs  heard 
around  the  Rainy  River  Camp  Fire. 

C  Affidavit  of  Professor  E.  E.  Prince  as  to  the 
Hiysical  and  other  Characteristics  of  the 
Seven  PredaUvy  Pike  fed  to  the  wrecked 
Commissionrrs  at  the  Rainy  Rivo*  Camp. 

D.  Baptismal  Certificate  of  Mr.  Tango-Hoopla. 

E.  Clipping  from  the  Homy  River  News,  con- 
taining account  of  Governor  Glenn's  special 
Temperance  Lecture  at  Chicago,  suggested 
by  the  sad  conduct  of  certain  of  his  Col- 
leagues on  the  Banks  of  the  Rainy. 

F.  Certificate  of  Sale  of  99  Shares  of  the  Tootles 
Steamship  Company  to  Paul  B.  Mignault; 
with  copy  of  Insurance  Policy  taken  on  the 
Tootles  the  day  before  she  was  wrecked. 

G.  Affidavit  of  C.  E.  Berkman  as  to  the  Mignault 
Plot. 

H.  Fake  War  Despatch  put  in  evidence  by  Sen- 
ator Gardner,  as  proof  of  his  Neutrality. 

I.  Extracts  from  H.  A.  Powell's  text-book  on 
B.  Colt. 

39 


mmm 


Intmnational  "Joints"  Commimion 


J. 


K. 


M. 


N. 


O. 


P. 


Q. 


R. 
S. 


Rqwrt  <rf  the  Lake  of  die  WocHa  Sfthrege 
Company  on  the  hull  of  the  S.  S.  TooUts. 

AflMavit  of  C  A.  Magrath  a*  to  certain 
engineering  and  other  prdblenu  connected 
whh  the  propoaed  temporary  dhrernon  of 
the  Rf  iny  River. 

Extract  from  Hon.  Heilfor  SteenerK»'s  work 
on  "Sand  Beaches." 

Report  of  Professor  Arthur  V.  White  on 
certain  barnacles  found  under  the  wharf  at 
Emo  while  awaiting  the  return  of  the  ship- 
wrecked Commissimiers. 
Certified  copy  of  Dominion  Patent  granted 
to  Heiekiah  Kennedy  for  his  Improved 
Ineradicai^  Hig^  Water  Mark. 
Nationalization  Papers  of  Paul  Marschalk  as 
a  hyphenated-American. 

Extracts  from  "Lichens  I  Have  Met."  by 
Dr.  Adolph  F.  Meyer. 

Jomt  Report  of  Messrs.  Newell  and  Drake 
on  the  proposed  Reclamation  of  certain 
Swamp  Lands  on  the  North  Bank  of  the 
Rainy  River  above  Manitou  Rapids. 

Key  to  Vocabulary  of  Chief  Na-May-Pock. 
Marked  Copy  of  the  Warroad  Echo  containing 
special  article  entitled,  "International  Solons 
Wrecked  on  the  Rainy — Perilous  Plight  of 


40 


International  "J  >iNTt"  Commission 

Eminent  Jurists — Echo  Again  Scores  a  Mag- 
nificent ScoupP' 

T.    Copy  of  Verses  by  the  Eminent  Poet  White- 
head Kluttz,  iieginnhig: 
Seated  on  the  shore. 

With  the  music  in  mine  ears 
Of  the  Mystic  Manitou, 
y    I  shed  these  bitter  tears 
For  the  Tootles  and  her  crew 

And  our  poor  Commissioneers. 
For  still  I  hear  them  cry. 
In  an  agony  of  fright, 
"Oh,  where-in-heU  is  Whitel" 
They  strain  their  anxious  eyes. 
And  heave  unnumbered  sighs. 
And  shout,  "It  isn't  right; 
You  are  taking  half  the  night  I 
Are  you  coming,  damn  it.  White!" 
But  the  echo  still  replies. 
With  an  accent  of  surprise, 
"Nevermore!    Nevermore!" 
etc.,  etc. 


41 


PKINTKO  BT 

THS  LBICHT  PRIM 

WmONA,  MINN. 


-^am 


K&siidiaHbL^.. 


